Allen Andrade Gets Additional Jail Time

TransGriot Note: Crystal Ann Gray from the GLBT Center of Colorado sent me her report of the court hearing held yesterday in Greeley, CO. It was held to determine whether Allen Andrade would get more time added to his life sentence without parole for killing Angie Zapata.

I went back to Greeley, Colorado for the final sentencing of Allen Andrade. The hearing started out with the prosecution proving that he was a habitual offender with 6 prior felony convictions. Of course, the defense tried to prove he wasn't and failed.

At sentencing, Maria Zapata spoke once again and directed most of her comments to the judge. At one point she addressed Allen Andrade and you could tell her anger. Maria, however, kept check on her feelings.

Then a friend of Monica Zapata read a statement written by her to the court which revealed her relationship with her beloved sister Angie. At the end of the statement she asked the court to send Andrade to jail for the maximum he could get so he could rot in jail. In Monica's statement she (along with her mom) stated that Andrade showed no remorse and that he probably would not remember or be remorseful towards anything he had done. Andrade did receive 60 additional years and I found out that the wheels are already spinning in the court system for an appeal on the murder 1 charge. I expect the same for the other charges.

The prosecution also made a motion to drop three charges against Andrade for assaults he was involved in the jail. The judge accepted the dropping of those charges. Another court date is to be heard on the restitution of funds to the family as victim assistance. As it is right now the prosecution is asking for over $5000.

Also, the family and supporters are having the prosecution check into to make sure that Andrade does not receive any royalties for his story of killing Angie and that if he does that it goes to the family.


Ms. Crystal Ann Gray
Volunteer Transgender Advocate
GLBT Center of Colorado

CAVP and NCAVP Reponse To Andrade Verdict

Colorado Anti-Violence Program & National Coalition of Anti-Violence Programs Responds to Verdict

Allen Ray Andrade Found Guilty of First Degree Murder and Bias Motivated Crime


Greeley, CO - April 22, 2009

The verdict today brings us mixed emotions. We are reminded that we have lost yet another young member of our community to hate. The fact that Angie's killer was found guilty of first degree murder and a bias motivated crime shows that this murder was taken seriously. This verdict sends the message that violence against lesbian, gay, bisexual, transgender, and queer people is unacceptable. We applaud the Weld County District Attorney for making Colorado a leader in showing that violence against the LGBTQ community will not be tolerated.

We must not leave today thinking that this is an isolated incident or that our work is done. In 2008 alone, there were at least 19 reported anti-LGBTQ murders in the United States. We remember Lawrence King, Duanna Johnson, Latiesha Green, Sanesha Stewart and Simmie Williams Jr.

Since the time of Angie's murder, we at the Colorado Anti-Violence Program and many others have witnessed the mourning of the Zapata family, the Greeley community, the transgender community and the greater lesbian, gay, bisexual, queer and ally communities. We have also witnessed incredible perseverance, strength and love unite people as they began to organize to raise awareness and educate others to prevent this from happening again.

Fear, misunderstanding or hatred of LGBTQ people does not justify violence. It takes incredible courage to be who we are in a world that makes us invisible, forces us to hide, and condones violence against us. Angie was not only a loving daughter, sister, aunt and friend but a beautiful young woman courageous enough to be herself.

Throughout this trial we've heard many myths about transgender people including attempts to blame Angie for her own murder. We witnessed the defense continually focus on the behavior of the murder victim, rather than on the violent actions of her killer. The fact is that transgender people are faced with a Catch 22. Being out about one's transgender status often means experiencing a tremendous amount of violence, the blame for which is often placed on the individual for being out. However, not speaking about ones transgender identity often means being stereotyped as deceptive and yet again, blamed for the violence that one experiences.

Implicit throughout this trial was the dangerous assumption that outing oneself as transgender guarantees safety. On the contrary, in some instances, outing can increase the risk of violence. Many transgender people struggle to know when and how to talk about their bodies and gender. This can be extremely difficult and scary to decide when and with whom to have this conversation. CAVP and NCAVP stand by the truth that the right to live free from violence is not conditional. It is a right granted to all of us regardless of whether or not we identify with the gender we were assigned at birth.

Ultimately, this is a human rights issue. Transgender people, like all people, have a right to self-determination, safety and respect. We call on our lawmakers to pass legislation that funds restorative and transformative justice, victim's rights and accountability programs for offenders as well as community-based prevention initiatives and public education that works to counter the stereotypes and misinformation at the root of hate violence. We call on the people of Colorado and the rest of the country to stand up, speak out, and organize to create safer communities where we are all free to live our lives without the fear of violence.

Reaction To Andrade Trial

Zapata Family Statement

read by Angie's brother Gonzalo Zapata

“Angie was my sister.

“She was a member of our family. We loved her very much, and we will miss her every day. Every day and every night our mom has to deal with great pain of ... one of her babies being buried. Every day our siblings and I reach for the phone and realize we’ll never hear her voice. There’s no answer anymore.

“A part of our family is missing, stolen from us. Angie was 18, her life was just beginning. She was brave, she had guts, she had courage, and she was beautiful, fun and loving. She was our little sister.

“Through the last week, we’ve watched as our sister Angie was lied about in court, angrily as the defense presented an image of my sister that wasn’t true. Their strategy of tearing down my sister to make a monster look better will not work.

“It is clear: Angie was our sister, an aunt and a daughter. Life was sometimes difficult for her, and we learned along with her to understand she was born a girl with a body that was wrong for her.

“Above all else, she was honest. It took such courage to be who she was. She was strong, there was no reason to believe my sister was anything but strong and honest with everyone.

“This week, we are deeply saddened as we witnessed graphic details about the last few minutes of my sister’s life. A big brother is supposed to protect his little sister. It breaks my heart to think there was nothing I could do.

“My sisters, Monica and Ashley, when they saw what this monster had done, they wanted to hold her, to comfort her and make her feel better. It was hard to realize nothing could have been done.

“He stole something so precious from us.

“Only a monster can look at a beautiful 18-year-old and beat her to death. This monster not only hit my sister, but continued to beat her head in over and over and over until her head was crushed in. He left her there to die.

“He’ll (never) understand how angry we are at him and how much he has hurt us. This past week and half, we’ve seen attorneys working their hardest to seek justice for my sister. ...

“We are grateful Colorado has tough laws that make it clear that attacking people because of anti-gender bias will be taken seriously. It will be prosecuted aggressively ... in Weld County.

“In memory of Angie, we call on Colorado’s leaders to pass a federal hate crime law to protect everyone.

“Justice was achieved. A message was sent loud and clear that crimes targeting LGBT will not be tolerated in Colorado ...

“Remember her as we do, as a beautiful, wonderful, precious teenager. She would want us to remember the happy times in her life. And make the world a better place.

“We will always love you Angie and we will always miss you, mija.

“Thank you!”



GLAAD

New York, NY, April 22, 2009 – The Gay & Lesbian Alliance Against Defamation (GLAAD) today responded to the verdict in the murder case of Angie Zapata. Angie was a transgender woman who was brutally murdered in 2008. Today the Colorado jury found Allen Andrade guilty on four counts including first-degree murder and hate crime charges.

"Today's verdict was about justice for Angie Zapata, although no verdict will ever be able to heal the tragic loss experienced by Angie's family," said Neil G. Giuliano, President of the Gay & Lesbian Alliance Against Defamation (GLAAD).

"The past few months have offered Greeley residents, as well as people throughout Colorado and across the nation, an opportunity to better understand transgender lives and the horrifying reality of anti-transgender violence. Media coverage of this case has played a vital role in broadening that understanding, and it has helped more people understand the importance of a fully inclusive hate crime law like Colorado's."

Radio Podcast This Weekend

This weekend's latest episode of the Womanist Musings show will feature Crystal Ann Gray and Ethan St. Pierre. We'll be talking about the just concluded Andrade trial.

So tune in live at 8 PM EDT to have me and Renee 'tell you something good' and infotain you at the same time.

As always with our blogtalkradio podcast, if you can't listen live, you can always listen later at your leisure.

For those of you who can listen live, you can join in the conversation at (347)326-9452 or join our chat room. From time to time we will ask our guests a question that comes straight from you peeps in the chat room.

So join us this Saturday April 25, from 8-9 PM EDT.

Guilty!

In case you have not heard Allen Andrade was found guilty of all counts including 1st degree murder and hate crime. He also was found guilty of auto theft, identity theft, and starting riots in the jail. The 1st degree murder has a mandatory life sentence with no parole and the others will give him another 60 years. Total is life +60. This case set president with the hate crime conviction on the murder of a transgender person. It was justice served, however we reached this point because of the taking of a precious life.


Crystal Ann Gray
Volunteer Transgender Advocate
LGBT Center of Colorado


TransGriot Note: Thanks to Crystal Ann Gray for her hard work over the last few days putting together these trial recaps.

Colorado Anti Violence Program Press Release

TransGriot Note: The press release from the Colorado Anti-Violence Project

Zapata Family and CAVP will make statements

Greeley, CO - April 22, 2009

The prosecution and defense teams have rested their cases in the trial of Allen Ray Andrade, who is accused of killing Angie Zapata in her Greeley apartment last July. Closing arguments are expected Wednesday morning and the case will likely go to the jury around noon.

The family of Angie Zapata will not comment about the verdict immediately after it is returned but will make a statement shortly thereafter. The Colorado Anti-Violence Program will respond to the verdict immediately following the family's statement approximately one-half hour after the verdict is announced in the lobby outside of Courtroom 11 where the trial has occurred.

"This is an emotionally difficult time for the family," said Kelly Costello, director of advocacy for the Colorado Anti-Violence Program. "For that reason, the family has requested their privacy be respected immediately after the verdict. They ask that the media please be present for their statement and recognize that that will be their only statement for the day."

About Colorado Anti-Violence Program

The Colorado Anti-Violence Program has been dedicated to eliminating violence within and against the lesbian, gay, bisexual, transgender, and queer communities in Colorado, and providing the highest quality services to survivors since 1986. CAVP provides direct services including crisis intervention, information, and referrals for LGBTQ victims of violence 24 hours a day.

The CAVP also provides technical assistance, training, and education for community organizations, law enforcement, and mainstream service providers on violence issues affecting the LGBTQ community. The most common types of violence they respond to are hate crimes and partner abuse, as well as cases that involve random violence, sexual assault, and HIV-motivated violence.

LGBTQ victims of crimes or those who have witnessed a crime are encouraged to call our 24 hour free and confidential hotline at 303-852-5094 or 1-888-557-4441 or visit our website at http://www.coavp.org/.

Andrade Trial-Tuesday Update

TransGriot Note: Crystal Ann Gray is doing trial updates for the LGBT Center of Colorado and I'm thrilled to post her commentary here on the blog. You'll get a chance to hear her and Ethan St Pierre's commentary this Saturday about the trial in Renee and I's next episode of our Womanist Musings podcast.

Tuesday, April 21

Not much has really happened of significance this morning. The rest of the jailhouse tapes were played. I almost fell asleep while they were playing.

There was testimony by several witnesses on the content of the cell phone material as far as phone calls and number of text messages. There were no actual text messages that they could retrieve. Since about 1055am there has been a witness from the Greeley PD (detective) who has been testifying about his involvement in the case. Also, they played the police interview with Andrade at the Thornton, Colorado PD. After that DVD it was time for lunch. The prosecution is to finish up today.


Afternoon Session

This afternoon testimony continued with the detective on the stand. The detective just testified about what was already known. The prosecution rested their case and the defense started theirs. Before the defense started they tried to get the first degree charge and hate crime charge thrown out. The prosecution defended themselves and told the judge that there was enough reasonable doubt for the charge to stand. THE JUDGE AGREED!!

The defense motion to get rid of the 1st degree murder charge and hate crime charge was denied. The defense then started with their witnesses which amounted to nothing. At one point there was a witness on the stand and she testified that her and Angie went to a club (trying to show she would pick up straight men). On cross examine by the prosecution they asked if the nights that her and Angie went there was LGBT night. She said yes and the prosecution asked no more questions. I heard a big sigh coming from the defense table after that.

Anyway, the jury comes back tomorrow for closing arguments which are to be done by noon. Then the jury will get food delivered for lunch and will start deliberation.

Meanwhile, the judge and the 2 sides are working on a 30 page instruction sheet for the jury. I will be back there at 8am and will keep you updated throughout the day as much as possible.


Crystal Ann Gray
Volunteer Transgender Advocate
LGBT Center of Colorado

Andrade Trial-Monday Recap

TransGriot Note: Much love and deep appreciation to Crystal Ann Gray for these updates. She's observing the trial for the LGBT Center of Colorado.

Monday, April 20

Hello everyone from Greeley, Colorado.
The trial started this morning with testimony of a forensic investigator. The jury got to see more pics of Angie's battered body. He testified that the injuries were from blunt trauma and that it was a homicide.

He also testified that Angie had many fractured skull pieces on her right side along with bruising by the eyelid and eye. She also had bruising and bleeding just between the lid and the eyeball. The rest of the testimony concerned establishing the trail of receipts of the stolen debit card and also this morning was the court tape recording in which Angie was in court for her traffic citation and we heard the call JUSTIN ZAPATA on that recording. Just before lunch Angie (the former girlfriend of Andrade) was on the stand and is expected to go back on after lunch. THIS IS SOMETHING TO WATCH!!!

She is very nervous and I have already caught her in some lies. She still has feelings for Andrade and I believe that they will be playing the jail recordings between him and her. This will be an interesting afternoon. Also, the Judge on lunch break will be reviewing transcripts from the web page Mocospace that the prosecution has obtained from that site. These are from Angie. The defense is trying to say that they are hearsay and should not be admissible. We will soon find out. Court starts at 130pm. Inform you all later.


Afternoon Update

This afternoon did prove to be interesting. Before I get to that I did forget to mention that the alleged murder weapon (the missing fire extinguisher) was brought into evidence. It was found alongside the highway two months after the murder occurred. The Mocospace text from Angie's site was not allowed into evidence.

However, another ex-girlfriend of Andrade was on the stand. Her name is Felicia. She was also on recorded tapes from conversations with Andrade from jail. There are three interesting points to her testimony and tapes so far. First, she testified that Andrade when angry snaps. This would be bad except the way she said it sounded to me like it was rehearsed. After all, he spent two weeks with her after killing Angie and was the girlfriend he gave two of Angie's purses to.

Second, in the taped conversation she mentions that Andrade was on the Mocospace in the BI-SEXUAL area. Also, she asked Andrade if she had to be tested for anything (referring to STD's) and he replied that nothing ever got that far. He had claimed to have had oral sex with Angie.The agent with the Crime Lab who did DNA testing on some evidence came up with (what I believe) is a significant finding. The police sent to the lab a pink vibrator and it had a significant amount of DNA on it that belonged to Andrade. To give you some information the Agent testified that the only way to get that much DNA on the vibrator was by semen, vaginal secretions, or through anal penetration. The defense tried to say that maybe sweat on the hands could produce that much, but the Agent said very highly unlikely.

Trial starts tomorrow at 830 am with Felicia on the stand and more jailhouse tapes to listen to. The prosecution is supposed to rest their case tomorrow. Possibly in the morning.

Crystal Ann Gray
Volunteer Transgender Advocate
LGBT Center of Colorado

Andrade Trial - Crystal's Snowed In

TransGriot Note: Much love and deep appreciation to Crystal Ann Gray for these updates. She's observing the trial for the LGBT Center of Colorado.

Friday, April 17

Hello! I am at home and not at the courthouse due to a snowstorm. I am watching the case at home and it appeared to me today that the judge cleared the courtroom. The reason is that video and pictures that were taken from the crime scene and autopsy were private.

As I watch this on TV I saw a poll where 70% believed that the agree with the hate crime additional charge. Most people leaving comments at the CNN.com/crime (also where you can find live streaming video of the trial) said that it is her fault if she did not tell him. However, the prosecutor says she is able to show that he knew 36hrs before he killed her. So those that believe he did not know about her transgender status may have to eat their words.

CNN also did an on street interview with people on the street and asked them about the tolerance of transgender people in the US. Most said one of two things. Either that it depended where you live or that there is not enough tolerance by the general population toward transgender people. This is the latest and I will keep you all informed if there is any more interesting news.

Crystal Ann Gray
Volunteer Transgender Advocate
LGBT Center of Colorado